North Hills Memorial Gardens v. Simpson

I do not agree with the majority view. The entire record before us strongly indicates pungent tinges of an expedient opinion by the Arkansas State Cemetery Board, a ruling which on appeal can only be disturbed by a finding that the board acted arbitrarily. Newton v. American Sec. Co., 201 Ark. 943, 148 S. W. 2d 311. In fact that majority concedes that “if the case were being tried de novo we might be inclined to think the board’s decision to be against the weight of the evidence.” The board’s decision is not only against the weight of the evidence it is against virtually all of the evidence.…